[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Rules and Regulations]
[Pages 37997-38000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15542]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules
and Regulations
[[Page 37997]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2011-0073]
RIN 0579-AD54
Importation of Dracaena Plants From Costa Rica
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the plants for planting regulations to provide
conditions for the importation into the continental United States of
Dracaena spp. plants from Costa Rica. These conditions will apply to
plants less than 460 mm in length, which are currently allowed to be
imported, and will also allow for the importation of plants over 460 mm
and up to 1,371.6 mm in length, which are currently prohibited. As a
condition of entry, Dracaena spp. plants from Costa Rica will have to
be produced in accordance with integrated pest risk management measures
that will include requirements for registration of place of production
and packinghouses, a pest management plan, inspection for quarantine
pests, sanitation, and traceability from place of production through
the packing and export facility and to the port of entry into the
United States. All Dracaena spp. plants from Costa Rica will also be
required to be accompanied by a phytosanitary certificate with an
additional declaration stating that all conditions for the importation
of the plants have been met and that the consignment of plants has been
inspected and found free of quarantine pests. This action will allow
for the importation of oversized Dracaena spp. plants from Costa Rica
into the United States while continuing to provide protection against
the introduction of quarantine pests.
DATES: Effective Date: July 26, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. William D. Aley, Senior Import
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road,
Unit 136, Riverdale, MD 20737-1231; (301) 851-2130.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Plants for Planting'' (7 CFR 319.37
through 319.37-14, referred to below as the regulations) restrict,
among other things, the importation of living plants, plant parts,
seeds, and plant cuttings for planting to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
Dracaena is a genus of about 40 species of tree- and shrub-like
plants. Several species are grown as houseplants for their decorative
strap-like foliage, low maintenance requirements, and tolerance of a
wide range of growing conditions. Popular Dracaena spp. houseplants
include Dracaena fragrans, commonly known as the corn plant, and
Dracaena sanderiana, commonly known as lucky bamboo.
Currently, whole and intact Dracaena spp. plants (including roots,
stems, and leaves) may be imported into the United States only if they
meet the size requirements in Sec. 319.37-2(b)(6)(i) and other general
requirements in the regulations. The regulations currently allow only
Dracaena spp. plants less than 460 mm (approximately 18 inches) in
length. The size requirement was established because plants of that
size are easily inspected and, if necessary, treated for pests; the
size and density of growth of larger plants makes them more difficult
to inspect and treat.
On November 1, 2011, we published in the Federal Register (76 FR
67379-67384, Docket No. APHIS-2011-0073) a proposal \1\ to amend the
plants for planting regulations to provide conditions for the
importation into the continental United States of Dracaena spp. plants
from Costa Rica.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0073.
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We solicited comments concerning our proposal for 60 days ending
January 3. 2012. We received six comments by that date. They were from
foreign and domestic industry associations, an importer, a State
agriculture department, and a private citizen. The comments were
generally supportive but raised two questions concerning the proposed
rule.
One commenter asked if the Animal and Plant Health Inspection
Service (APHIS) would be supplying copies of the bilateral workplan to
domestic stakeholders for review.
Bilateral workplans are agreements between APHIS and the national
plant protection organization (NPPO) of a foreign Government and are
not typically circulated for stakeholder review. However, they are
public documents and interested stakeholders may obtain copies of the
workplan by calling or writing to the individual listed under FOR
FURTHER INFORMATION CONTACT.
Two commenters stated that site visits should be conducted to
ensure that the requirements of the bilateral workplan are met. One of
these commenters expressed an interest in participating in site visits.
As we explained in the proposed rule, APHIS may conduct site visits
to inspect and monitor the pest management program. In the past,
representatives of U.S. domestic industries have accompanied APHIS
personnel on site visits at the invitation of the host NPPO, so it is a
possibility that domestic stakeholders could accompany an APHIS
representative traveling to Costa Rica. We do expect, however, that the
routine site visits will most often be carried out by APHIS field
personnel in Costa Rica as part of their routine duties rather than by
U.S.-based personnel who would have to travel to Costa Rica to visit
production and packing sites.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore,
[[Page 37998]]
has not been reviewed by the Office of Management and Budget.
In accordance with 5 U.S.C. 604, we have prepared a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
The United States imports approximately 25 million Dracaena spp.
plants from Costa Rica annually. On average, APHIS intercepts pests in,
and applies treatments to, over 8 percent of the Dracaena consignments
and destroys less than 1 percent. Production, packing, storing and
exportation of Dracaena spp. plants in accordance with the integrated
pest risk management measures set forth in the rule will reduce pest
infestations, subsequent pest interceptions, and the need to fumigate
or destroy infested consignments at ports of entry.
The oversized Dracaena spp. plants will be of greater value than
the smaller plants currently allowed entry, and we expect U.S.
nurseries will adjust to new marketing opportunities afforded by the
larger plants. Most U.S. nurseries and other entities that may be
affected by this rule are small.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this final rule. The environmental assessment
provides a basis for the conclusion that the importation of Dracaena
spp. plants from Costa Rica under the conditions specified in this rule
will not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment and finding of no significant impact
may be viewed on the Regulations.gov Web site.\2\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m.
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing
to inspect copies are requested to call ahead on (202) 690-2817 to
facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\2\ Go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2011-0073. The environmental assessment and finding of no
significant impact will appear in the resulting list of documents.
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Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.37-2 is amended as follows:
0
a. In the table in paragraph (a), by adding a new entry for ``Dracaena
spp. plants not meeting the conditions for import in Sec. 319.37-5
(y)'', in alphabetical order, to read as set forth below.
0
b. In paragraph (b)(6)(i), by adding the words ``Dracaena spp. plants
from Costa Rica meeting the conditions of Sec. 319.37-5(y),'' after
the citation ``Sec. 319.37-5(q),''.
Sec. 319.37-2 Prohibited articles.
(a) * * *
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Quarantine pests existing in the places named
Prohibited article (includes seeds Foreign places from which and capable of being transported with the
only if specifically mentioned) prohibited prohibited article
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* * * * * * *
Dracaena spp. plants not meeting Costa Rica................. Ancistrocercus circumdatus; Caldwelliola
the conditions for import in Sec. reservata; Chaetanaphothrips signipennis
319.37-5(y). (banana rust thrips); Coccus viridis (green
scale); Diplosolenodes occidentalis (spotted
leatherleaf slug); Erioloides consobrinus;
Neoconocephalus affinis (rattler conehead
katydid); Oncometopia clarior (blue
sharpshooter); Ovachlamys fulgens; Palliferra
costaricensis (Costa Rica mantle slug);
Planococcus minor (passionvine mealybug);
Pseudococcus landoi (lando mealybug);
Sarasinula plebeia (Caribbean leatherleaf
slug); Succinea costaricana; Xylosandrus
morigerus (brown coffee twig beetle).
* * * * * * *
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* * * * *
0
3. In Sec. 319.37-5, a new paragraph (y) is added to read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(y) Special foreign inspection and certification requirements for
Dracaena spp. plants from Costa Rica. Dracaena spp. plants from Costa
Rica may only be
[[Page 37999]]
imported into the continental United States in accordance with the
requirements of this paragraph (y), to prevent the plant pests
Ancistrocercus circumdatus, Caldwelliola reservata, Chaetanaphothrips
signipennis, Coccus viridis, Diplosolenodes occidentalis, Erioloides
consobrinus, Neoconocephalus affinis, Oncometopia clarior, Ovachlamys
fulgens, Palliferra costaricensis, Planococcus minor, Pseudococcus
landoi, Sarasinula plebeia, Succinea costaricana, and Xylosandrus
morigerus from entering the United States.
(1) Size requirements. Dracaena spp. plants from Costa Rica
imported into the continental United States may not exceed 1,371.6 mm
(approximately 54 inches) in length from the soil line (or top of the
rooting zone for plants produced by air layering) to the farthest
terminal growing point.
(2) Bilateral workplan. The national plant protection organization
(NPPO) of Costa Rica must provide a bilateral workplan to APHIS that
details the activities that the NPPO of Costa Rica will, subject to
APHIS' approval of the workplan, carry out to meet the requirements of
this paragraph (y).
(3) Phytosanitary certificate. The phytosanitary certificate of
inspection required by Sec. 319.37-4 that accompanies each consignment
of Dracaena spp. plants from Costa Rica must contain additional
declarations that the plants in the consignment have been produced,
packed, stored, and exported in accordance with the requirements of
this paragraph (y) and the bilateral workplan, and that the consignment
has been inspected and found free of quarantine pests.
(4) Participant registration and agreement. Persons in Costa Rica
who produce, pack, or ship Dracaena spp. plants for export to the
United States must:
(i) Be registered and approved by the NPPO of Costa Rica; and
(ii) Enter into an agreement with the NPPO of Costa Rica whereby
the persons agree to participate in and follow the export program for
Dracaena spp. plants established by the NPPO of Costa Rica.
(5) Facility registration and agreement. Production, packing, and
export facilities must be approved and registered by the NPPO of Costa
Rica. Registered packing and export facilities may only accept plants
from registered production facilities where plants are grown in
compliance with the requirements of this paragraph (y) and the
bilateral workplan. The NPPO of Costa Rica will provide APHIS with
access to the list of registered facilities at least annually and when
changes occur.
(6) Training. Participants and personnel at approved production,
packing, and export facilities must be trained in the requirements of
this paragraph (y) and the bilateral workplan and in recognizing the
quarantine listed in this paragraph (y). Training records must be
maintained and made available to the NPPO of Costa Rica and APHIS on
request.
(7) Pest management program. Participants must establish a pest
management program for all approved production, packing, and export
facilities. Pest management programs must include field or facility
scouting, monitoring, and control of target pests, and must be
monitored and approved by the NPPO of Costa Rica. APHIS may visit sites
to inspect and monitor the pest management program. Each approved
facility must have a trained, dedicated person to supervise the pest
management program. Records of pest management activities must be
maintained and made available to the NPPO of Costa Rica and APHIS upon
request.
(8) Sanitation. Sanitation measures must be maintained at approved
production, packing, and export facilities. Fallen or discarded plant
material and debris, or plants with pests, must be removed and must not
be included in field containers brought from production to packing
facilities for export. Packing facilities must be free of sand, soil,
earth, and plant pests, and phytosanitary practices adequate to exclude
pests must be employed. Equipment, materials, and tools must be
sanitized to avoid spreading pests or to prevent recontamination.
(9) Inspections. Inspections undertaken in the export program for
Dracaena spp. plants established by the NPPO of Costa Rica will
include, but may not be limited to, the following:
(i) Approved production, packing, and export facilities must be
inspected by dedicated trained personnel at the approved facilities at
least once weekly, and by the NPPO of Costa Rica at least once monthly.
(ii) Packing materials and shipping containers for the plants must
be approved by APHIS and inspected by the NPPO of Costa Rica to ensure
that they do not introduce pests of concern to the plants.
(iii) Inspection dates and results must be recorded and made
available to APHIS upon request.
(10) Traceability. Participants must establish a traceability
system approved and audited by the NPPO of Costa Rica and APHIS. The
identity and origin of the Dracaena spp. plants must be maintained from
the production unit through the packing and export facilities and to
the port of entry in the United States.
(11) Recordkeeping. Participants must maintain records of program
activities, including corrective measures, for a minimum of 3 years.
Records must be made available to the NPPO of Costa Rica and APHIS on
request.
(12) Ineligibility for participation. (i) Persons who produce,
pack, or ship Dracaena spp. plants will be ineligible for participation
in the export program for Dracaena spp. plants and their production
sites or packing or export facilities will lose approved status if:
(A) Live pests are found in a production site;
(B) Live pests are found in a shipment of plants; or
(C) Persons who produce, pack, or ship Dracaena spp. plants violate
the requirements set out in this section or required under the export
program established by the NPPO of Costa Rica.
(ii) A person who produces, packs, or ships Dracaena spp. plants
may be reinstated, and that person's production sites or packing or
export facilities may regain approved status, by requesting reapproval
and submitting a detailed report describing the corrective actions
taken by the person. Reapproval will only be granted upon concurrence
from the NPPO of Costa Rica and APHIS.
(13) Trust fund. The Government of Costa Rica must enter into a
trust fund agreement with APHIS before each growing season. The
Government of Costa Rica or its designated representative is required
to pay in advance all estimated costs that APHIS expects to incur
through its involvement in overseeing the execution of paragraph (y) of
this section. These costs will include administrative expenses incurred
in conducting the services enumerated in paragraph (y) of this section
and all salaries (including overtime and the Federal share of employee
benefits), travel expenses (including per diem expenses), and other
incidental expenses incurred by the inspectors in performing these
services. The Government of Costa Rica or its designated representative
is required to deposit a certified or cashier's check with APHIS for
the amount of the costs estimated by APHIS. If the deposit is not
sufficient to meet all costs incurred by APHIS, the agreement further
requires the Government of Costa Rica or its designated representative
to deposit with APHIS a certified or cashier's check for the amount of
the remaining costs, as determined by APHIS, before
[[Page 38000]]
the services will be completed. After a final audit at the conclusion
of each shipping season, any overpayment of funds would be returned to
the Government of Costa Rica or its designated representative or held
on account until needed.
Done in Washington, DC, this June 20, 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-15542 Filed 6-25-12; 8:45 am]
BILLING CODE 3410-34-P